This part of the course considers
how you present yourself as a diplomat of UN Swiss Indo and in particular
covers the following:

a.Setting up a formal meeting

b.Use of appropriate language

c.What information is for public
consumption

d.Cultural awareness, sensitivity
and respect

e.You are always a diplomat in
public (you are always diplomatic)

In your
role as a delegate and diplomat you should remember that your words and actions
have a bearing, either positively or negatively, on the highest objective of
enabling humanity to benefit from the distribution of assets that have been
held in trust by Mr SINO AS SOEGIHARTONOTONEGORO.ST, , as King of Kings M1 . You are his representative,
undertaking a sacred trust for the people.
You are also a member of his royal family and will act not only as a
diplomat but in the honour and tradition of a member of his royal family. (Please distinguish the noble behaviour of a
true king is not the behaviour of the families that represent themselves as
sovereigns in several other countries headed by a king or a queen.) This noble objective for humanity, and as a royal and representative
of the King of Kings, is to guide all you do.

One of the most important things to
remember is that you are an enabler for the distribution of the humanitarian
funds - but you should not enter any negotiations thinking you have to have all the answers for distributing funds to a
particular country. The right approach
will come from listening to the specific needs of the nation and working
together to find an approach that is suited to that country. For this reason, the roll out of the
SwissIndo funds might vary across continents and even nations – it might be an
individual fit that suits the people of that nation. Therefore, your role as enabler is to:

·co-create a
solution/roll-out that suits the nation and complies with SwissIndo
requirements

·implement based
on what has been agreed, and signed off by SwissIndo

You might also have a less formal role
of adviser or ‘friend’ where you are not directly involved in co-creating the
approach for the roll-out of the funds, but you have been invited to provide
expert input and to assist.

a. Setting up a formal meeting

If
you are organising a formal meeting with members/representatives of another
government, or their diplomats, you need to plan the meeting. This might require some pre-meeting
discussions and planning with meeting organisers from the nation etc. One question to consider is whether the
meeting proceedings are to be recorded or not.
If they are, the preparation and proceedings could involve the following
steps:

·Who
is attending from your delegation and the other party? – names (proper
spelling), and formal titles. The
attendee list should be part of the written agenda circulated before the
meeting. The attendee list should be
compiled so that the highest ranking officials are placed first. The official minute taker should be named as
such in the attendee list.

·The
agenda should set out:

othe
date, time (start and end), location of meeting

ointroductions
– allows all attendees to introduce themselves (name and role including
specific roles at the meeting).

§This
also provides an opportunity to clarify the specific roles each attendee will
have at the meeting, such as key spokesperson, expert spokesperson, notetaker
etc

othe
objective of the meeting (simple one or two sentences)

oFirst
agenda item - Minutes of prior meeting to be agreed – need to be circulated
ahead of meeting

oOther
agenda items – the other party should be given the opportunity to comment on
DRAFT agenda and provide input so that the agenda is agreed beforehand.

oLast
agenda item

§a
summary of matters agreed by the parties at the meeting.

§This ‘summary of
agreed points’ is possibly the most important part of the meeting as it
establishes a ‘meeting of minds’ and ensures that each party has in fact
understood the other party’s position.
It also provides a strong basis for continuing the dialogue. It is likely that the agreements in the first
instance are high level or in principle.

§a
summary of the next steps and which party is to implement those next steps and
by when.

·As
part of the preparation for a meeting consider whether some tools will help to
explain issues – for example, powerpoints, diagrams etc.

oIs
there benefit in circulating these prior to the meeting?

·Draft
minutes of the meeting written up by the official minute taker should be circulated
within a few days of meeting if possible, and comments sought to enable a near
final draft to be included for sign off at the next meeting.

b. Use
of appropriate language

How you present yourself, and the issues that
are ‘on the table’ in any meeting where you represent UN Swiss Indo requires
personal confidence that comes with practice.

The question of what is appropriate language
depends on the circumstances and can be adapted to those circumstances but some
key things to consider and discuss as a group are:

·Simple
explanations are best (KISS principle)

oThis is especially so if you are
communicating with others whose first language is not English, or where an
interpreter is being used.

oComplex issues are more easily
understood if explained in simple language.

·Can
you use other tools to provide greater understanding?

oSometimes a set of diagrams or
other tools can enhance what you are setting out to explain (see above).

·Using
technical jargon or acronyms

oFirstly, be familiar with common
terminology that might be expected to arise in a meeting on a particular issue.
Your preparation for the meeting, and built up expertise, should get you across
the line on this.

oHowever, you might be familiar
with technical terms that others are not familiar with. If it is necessary to use such terms, take the
time to ascertain that the other party understands the terms being used, and if
not stop and explain them at the outset.
Acronym in particular should be spelled out (they could sound like
something else), and it is preferable to the listener that you not string a lot
of acronyms together in one statement.

oIf you do not understand something
that is being said by the other party, ask them to clarify. It is better to acknowledge that you DO NOT
understand what is being said (such as term being used), and to have it
clarified, than to have the other party erroneously think you have understood. This is particularly so if you are traversing
cultural differences – expressions, terms, or pronunciations you are not
familiar with.

·Try
to avoid using colloquial expressions

oFurther, there is a danger that
the meaning will be misunderstood if colloquialisms are used (e.g. ‘a fair suck
of the sauce bottle’, ‘fair dinkum’ etc)

oJokes might also be inappropriate
if they miss the cultural or language divide

·Avoid
swearing – even to reinforce a point

oThis contributes to cultural
sensitivity and respect

c. What
information is for public consumption?

·Be
clear about what information you can and cannot disclose in a meeting, interview
etc. Remember you have access to
information that others do not have, and you might not be able make that
information public until other events take place. Consider the following:

oIs
the information confidential?

oWould
it place others at risk, or cause embarrassment, if disclosed now?

oWould
it compromise the UN Swiss Indo objective more broadly?

oAre
there other things ‘in the pipeline’ that need to be made public first
(sequencing of information)?

oIs
someone else (in the delegation, PM role etc) better placed to comment on this
publically (defer the comment to another forum or process)?

·Consider
whether your personal view on a matter is at all relevant to your role as a
diplomat. Keep your personal views on
issues distinct and private if they are irrelevant to your role as a
diplomat.

oFor
example, it might be prudent not to discuss your views on Australian politics
and politicians when speaking in the public arena. Your role does not require this. Further, in the future you might be negotiating
with the Australian corporate government and you should not compromise your
position.

d. Cultural
awareness, sensitivity and respect

Consistent
with the group exercise in Part 2, your research on the nation that your
diplomatic dealings are to be with, will help you attune your oral
communication so that it is appropriate to your audience.

Some things to consider are:

·How
to address people in a respectful and culturally appropriate manner.

oUse
of correct titles when addressing individuals.
If that person asks you to use a more familiar name, it will show
respect to adopt that title.

oHow
do you greet someone when you meet them?
Should a man shake hands woman, or vice versa?

e.g. consider
learning a relevant greeting phrase in their language

oUse
of culturally or religiously appropriate gestures or body language

oHold
back using some hand gestures that might be considered rude in their culture
e.g. pointing at people in the room

·Dress
in a manner that is culturally appropriate

·Be
courteous – listen to the cues, and give others time to speak

oIt
might be that one person from the other party does all the speaking (the more
senior person) but that does not mean the others do not have a role

·Other
things from your research?

e. You
are always a diplomat in public (you are always diplomatic)

Once you
start your role as a diplomat, your public and private lives will lean more to
the public domain. You need to keep this at the foremost of your mind when you
are speaking outside of the four walls of your home. You will need to embody diplomacy in every
aspect of your life – not just when you are in formal negotiations, or in
another country. Everything you do and
say will reflect on SwissIndo.

For
example, this might mean that you tone down your comments in social media, or
refrain from commenting on some issues.

D: Diplomatic
Immunity

Origin

The sanctity of diplomats has long been
observed and has come to be known as diplomatic immunity which provides special
status and privileges to the official representatives of one nation in the host
nation. An envoy from another nation is
traditionally treated as a guest in the host nation, their communications with
their home nation are treated as confidential, and they have freedom from coercion
and subjugation by the host nation.
These privileges are provided on a reciprocal basis to all diplomats.

Diplomatic rights were established in the
mid-17th century in Europe and have spread throughout the world. The first attempt to codify diplomatic immunity into diplomatic law occurred with the Congress of Vienna in 1815. This was followed by the
Convention regarding Diplomatic Officers (Havana, 1928), and the Vienna
Convention in 1961.

Diplomatic immunity through Treaty

The 1961 Vienna Convention on Diplomatic
Relations protects diplomats from being persecuted or prosecuted while on a
diplomatic mission. The present treaty on the treatment of diplomats was the
outcome of a draft by the International
Law Commission
and was adopted in 1961 by the United Nations Conference on Diplomatic Intercourse
and Immunities held in Vienna Austria, and first implemented on 24 April 1964. Two years later, the United Nations adopted a closely related treaty,
the Vienna
Convention on Consular Relations.

The Vienna Convention on Diplomatic Relations
of 1961 is an international treaty that defines a framework for diplomatic
relations between independent countries. It specifies the privileges of a
diplomatic mission that enable diplomats to perform their function without fear
of coercion or harassment by the host country. This forms the legal basis for
diplomatic immunity. Its articles are considered a cornerstone of modern
international relations and as of April 2014, it has been ratified by 190
states.

Preamble (extract) -
"The purpose of … privileges and immunities is not to benefit
individuals but to ensure the efficient performance of the functions of
diplomatic missions as representing States".

The treaty is an extensive document,
containing 53 articles, and its key provisions are:

·Article 9 - The host nation at any time and
for any reason can declare a particular member of the diplomatic staff to be persona
non grata
– (latin) literally meaning ‘unwelcome person’ and who is prohibited from
remaining in the host nation. It is the most serious form of censure which one
country can apply to foreign diplomats, and would normally be applied if a
diplomat commits a serious crime while in a host country (e.g. may be tried for
the crime in their homeland), as well as to expel diplomats suspected of
espionage. The declaration may also be a symbolic indication of displeasure
over the nation’s policies or actions, or might be part of so-called
"tit-for-tat" exchanges where both nations expel the respective
ambassador e.g. during the Cold War. The sending state must recall the diplomat
declared persona non grata within a
reasonable period of time, or otherwise this person may lose their diplomatic
immunity.

·Article 22 - The premises of a diplomatic
mission, such as an embassy, are inviolate and must not be entered by the host
country except by permission of the head of the mission. Furthermore, the host
country must protect the mission from intrusion or damage. The host country
must never search the premises, nor seize its documents or property. Article 30 extends
this provision to the private residence of the diplomats.

·Article 27 - The host country must permit and
protect free communication between the diplomats of the mission and their home
country. A diplomatic bag (or pouch) must never be opened
even on suspicion of abuse. A diplomatic
courier must
never be arrested or detained.

oThe
diplomatic bag is used to carry documents across borders without being
searched. The United States declares
entire shipping containers as diplomatic pouches to bring sensitive material
(often building supplies) into a country. In accordance with aviation security
requirements, couriers and their personal baggage are subject to normal
security screening procedures.

·Article 29 - Diplomats must not be liable to
any form of arrest or detention. They are immune from civil or criminal
prosecution, though the sending country may waive this right under Article 32.
Under Article
34, they are exempt from most taxes, and under Article 36 they are exempt
from most customs duties.

·Article 31.1c - professional activity outside
diplomat's official functions are not covered by diplomatic immunity.

·Article 37 -The family members of a diplomat
that are living in the host country enjoy most of the same protections as the
diplomats themselves.

·Articles 41 and 42 - protects mission staff from
prosecution for violating civil and criminal laws, depending on rank. However, they are bound to respect national
laws and regulations, and breaches of these articles can lead to a ‘persona non
grata’ declaration being used to punish erring staff.

In the same year that the treaty was adopted,
two amendment protocols were added:

·Concerning acquisition of nationality.The head
of the mission, the staff of the mission, and their families, shall not acquire
the nationality of the host country.

·Concerning compulsory
settlement of disputes. Disputes
arising from the interpretation of this treaty may be brought before the International
Court of Justice.

Countries may ratify the main treaty without
necessarily ratifying these optional agreements.

In times
of hostility, diplomats are often withdrawn for reasons of personal safety, as
well as in some cases when the host country is friendly but there is a
perceived threat from internal dissidents. Ambassadors and other diplomats are
sometimes recalled temporarily by their home countries as a way to express
displeasure with the host country. In both cases, lower-level employees still
remain to actually do the business of diplomacy.

Australian law

The
Australian Parliament passed the Diplomatic
Privileges and Immunities Act 1967 and the Consular Privileges and Immunities Act 1972 (the CPI Act) to give
relevant provisions of the Vienna Conventions (those relating specifically to
diplomatic and consular privileges and immunities) the force of law in
Australia.

Convention on the Privileges and Immunities of the United
Nations

This
convention was adopted by the UN General Assembly on 13 February 1946 and
proposed it for accession by each Member of the United Nations.

The
convention follows Articles 104 and 105 of the Charter of United Nations that provides
the UN respectively with:

·legal
capacity to exercise its function in the territory of each of its Members; and

·such
privileges and immunities needed for the independent exercise of their
functions in connection with the UN.

Key
aspects of the convention are:

Section 1:
The UN shall possess juridical
personality which gives it capacity to contract; to acquire and dispose of
in movable and movable property; and to institute legal proceedings.

Section 2 –
The UN’s property and assets, wherever located and by whomsoever held, shall enjoy
immunity from legal process except insofar as it has waived its immunity.

Sections 3
and 4 - The premises of the UN, and its documents, shall be inviolable (i.e. unable to be infringed
or violated) - immune from requisition, confiscation, expropriation and any
other form of interference, whether by executive, administrative, judicial or
legislative action.

Sections 5
and 6 - The UN may hold funds, gold or currency of any kind and operate
accounts in any currency, and shall be free to transfer its funds, gold or
currency from one country to another or within any country and to convert any
currency held by it into any other currency.
In exercising such rights, the UN shall pay due regard to any
representations made by the Government of any Member insofar as it is without
detriment to the interests of the UN.

Section 7
- The UN, its assets, income and other property shall be:

(a) Exempt
from all direct taxes but the UN will not claim exemption from charges for
public utility services;

(b) Exempt
from customs duties in respect of articles imported or exported by the UN for
its official use and publications. Articles imported under such exemption will
not be sold in the country except under conditions agreed with the Government
of that country;

Section 8
- The UN will not generally claim exemption from excise duties and from taxes
on the sale of movable and immovable property, but when possible Members will
remit duties and taxes on important purchases for official use of property.

Section 9
- No censorship shall be applied to the official correspondence and communications
of the UN.

Section 10
- The UN shall have the right to use codes and to dispatch and receive its
correspondence by courier or in bags with the same immunities and privileges as
diplomatic couriers and bags.

Section 14
- Privileges and immunities are not accorded to the representatives of Members
for the personal benefit of the individuals themselves and where it would impede
the course of justice.

Section 17
- The Secretary-General will specify to the General Assembly the categories of
officials to which the provisions of this Article and Article VII shall apply.
The names of the officials included in these categories shall from time to time
be made known to the Governments of Members.

Section18
- Officials of the United Nations, as described above, shall:

(a) Be
immune from legal process in respect of actions taken in their official
capacity;

(b) Be
exempt from taxation on their UN salaries;

(d) Be
immune, together with their spouses and dependents, on immigration restrictions;

Section 20
- Privileges and immunities are granted to officials in the interests of the
United Nations and not for the personal benefit of the individuals themselves.

Article VI

Experts on
Missions for the United Nations

Section 22
- Experts performing missions for the United Nations shall be accorded such
privileges and immunities as are necessary for the independent exercise of
their functions during the period of their missions.

Article
VII

United
Nations Laissez-Passer

Section 24
- The United Nations may issue United Nations laissez- passer to its officials.
These laissez-passer shall be recognized and accepted as valid travel documents
by the authorities of Members, taking into account the provisions of Section
25.

Section 25
- Applications for visas (where required) from the holders of United Nations
laissez-passer, when accompanied by a certificate that they are traveling on
the business of the United Nations, shall be dealt with as speedily as
possible. In addition, such persons shall be granted facilities for speedy
travel.

Section 26
- Similar facilities to those specified
in Section 25 shall be accorded to experts and other persons who, though not
the holders of United Nations laissez-passer, have a certificate that they are
traveling on the business of the United Nations.

Article
VIII

Settlement
of Disputes

Section 29
- The United Nations shall make provisions for appropriate modes of settlement
of:

(a)
Disputes arising out of contracts or other disputes of a private law character
to which the United Nations is a party;

(b)
Disputes involving any official of the United Nations who by reason of his
official position enjoys immunity, if immunity has not been waived by the
Secretary-General.

Final
Article

Section 35
- This convention shall continue in
force as between the United Nations and every Member which has deposited an
instrument of accession for so long as that Member remains a Member of the
United Nations.

Diplomatic Passport

Diplomatic
and Official passports are issued only to people conducting diplomatic and
official government business.

Diplomatic
and Official passports, in themselves do not confer on the holder any special
privileges or rights.